Deposition – Bow Tie Law

Failure to Launch a Protective Order to Stop a 30(b)(6) on Responding to Requests for Production

June 13, 2022 Josh Gilliland Deposition

Rocket ships are fun. Disputes over settlement payments that result in an insured suing their insurance company are less fun. The discovery dispute focused on the insurance carrier and its collection of the reimbursement requests. The Plaintiff sought discovery related to its bad faith claims, which the Defendants objected to[…]

"Stop and Think" About Skype for Depositions

February 3, 2014 Josh Gilliland Deposition, Video Deposition

Judge G.R. Smith issued a great reminder that lawyers must “stop and think” when dealing with discovery disputes. This duty is imposed by Rule 26(g) and is “an affirmative duty to engage in pretrial discovery in a responsible manner that is consistent with the spirit and purposes of Rules 26 through Rule 37, and[…]

“Stop and Think” About Skype for Depositions

February 3, 2014 Josh Gilliland Deposition, Video Deposition

Mining for eDiscovery Sanctions

September 26, 2013 Josh Gilliland Deposition, Discovery, Duty of Care, e-Discovery, Electronically Stored Information

Some cases begin with such a “wow” introduction they have to be seen to be believed: To put it lightly, there has been a severe shortcoming by Defendants in this action during the discovery process. Not only have Defendants’ resisted providing required information in initial disclosures and resisted previous discovery[…]

Skyping with The Confrontation Clause

November 19, 2012 Josh Gilliland Deposition, Video Deposition

We also understand that in this technological age, “confrontation” at some point may take on a meaning that none of us has yet imagined or realized. Despite advances in communication technology, a defendant’s right to a fair trial with all its attendant Constitutional guarantees is our legal and moral obligation[…]

Expert Witnesses & Written Reports

October 25, 2012 Josh Gilliland Deposition, Expert Witness

Disclosure requirements for expert witnesses and written reports under Federal Rule of Civil Procedure Rule 26. No part of this recording should be considered legal advice.

Deposition Preparation Tips

September 25, 2012 Josh Gilliland Deposition, Discovery

Josh Gilliland on tips for deposition preparation using litigation support technology. No part of this video should be considered legal advice.

Santa Clara Bar Association Expert Deposition Seminar

June 12, 2011 Josh Gilliland Civil Procedure, Cross Examination, Deposition, Discovery

Go “On the Record” with the Santa Clara County Bar Association Civil Practice Committee’s new expert deposition seminar on June 22 at 6:00pm. To register, click here. “On the Record” is a seminar with Judge Gregory Ward (retired), author of California Objections (James Publishing). After the brief introductory material by[…]

If It is Lost, It’s Not in Your Possession, Custody or Control under Rule 26(a)

October 30, 2009 Josh Gilliland Deposition, Discovery, Exclusion of Evidence, Initial Disclosures

In a prison medical treatment case, the Plaintiff brought a motion to exclude medical records pursuant to Federal Rule of Civil Procedure Rule 37(c) after the files were not identified in the Defendants’ initial disclosures or produced in discovery. Nance v. Wayne County, 2009 U.S. Dist. LEXIS 96279 (M.D. Tenn.[…]

The Titan Killer: Mandatory Exclusion under Federal Rule of Civil Procedure Rule 37(c)(1)

October 6, 2009 Josh Gilliland Deposition, Discovery, e-Discovery, Electronically Stored Information, Exclusion of Evidence, Initial Disclosures, Supplemental Disclosures

Oracle and SAP are at war. They have exchanged bayonet charges in discovery for two years in a case where Oracle has accused SAP (TomorrowNow) of “systematic and pervasive illegal downloading of Oracle software over approximately six years.” Oracle United States v. Sap Ag, 2009 U.S. Dist. LEXIS 91432 (N.D.[…]